(1.) The present Appeal is preferred by the Appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal procedure Code, 1973, against the impugned judgment and order passed in Special (Atrocity) Case No. 28 of 2003 by the learned Presiding Officer & Additional Sessions Judge, Special Judge - (Atrocity), Fast Track Court No.1, Dhangadhra dtd. 8/11/2006, recording the acquittal of the Respondent / Original Accused for the charges under Ss. 323 and 504 of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocities Act") and under Sec. 135 of the Bombay Police Act.
(2.) The brief facts of the prosecution case as per the complaint are that on 27/3/2003 at about 12:30 hours, when the complainant was proceeding towards Mithagodha, Taluka, Patadi, the Respondent-accused came and started abusing him. The Respondent-accused also gave stick blow on the left hand of the complainant and accordingly the complaint came to be registered vide II-CR No. 5 of 2003 before the Zinzuvada Police Station for the offences as aforesaid.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 11 witnesses and produced number of documentary evidences, and after completion of the investigation, Charge-sheet was filed against the Respondent / Original Accused for the offences in question. The case was committed to the Sessions Court and the learned Sessions Judge framed the Charge. Since the accused did not plead guilty, trial was proceeded against the accused. Vide impugned judgment and order dtd. 8/11/2006, the learned Sessions Judge acquitted the Respondent / Original Accused. Being aggrieved by the same, the State has preferred the present appeal.
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